Need him off the deeds but cant pay.shouldnt he be paying me to come off deeds eg half the negative equity?Bank would allow transfer in return for spain.
would prefer to keep PPR for kids stability, but not if he can come back years later.
What exactly will happen if you sell Spain? You pay back the bank some (negative equity or more or all of money) off the PPR mortgage and they agree that you will take over the remaining mortgage in your name only and get your ex off the deeds.
Has the bank agreed this in writing, if no, I would be asking the solicitor to write to the bank to get clarity on this.
I agree that your ex is time wasting in the hope of benefiting, which he will actually when you take over the full mortgage. But no point explaining that to him I guess.
Has your solicitor told you that you will be able to force him off the deeds? What exactly has been the advice from your solicitor on this? (getting ex off deeds, mortgage into your name and dealing with judgement mortgage). And what actions exactly have been instigated against your ex if any.
Yes your ex technically should pay his share, but neither of you has a share of anything (negative equity), and you want it sorted so for that you have to pay more. Be willing and happy to do this in return for moving on and for your children.
If there is any chance that your gain from Spain will somehow get used to pay off the judgement mortgage, and it's not an area I'd be familar with, but just in case, then think twice before using that money to pay down the mortgage. Normally a judgement mortgage against your husband would be enforceable against his share, in this case he has no share due to the negative equity, but presumable you cannot get him off the deeds unless that judgement is either satisfied or discharged. Ask your solicitor how that works.